O’Fallon releases settlement with fired employees
Last week, a poster commented on the Todd Criswell/Charles Mobley wrongful termination lawsuit against the city of O’Fallon.
Here’s what the poster wrote: “…Charlie Mobley was just given a large sum of money by the Lowery/Morrow lead city. Go figure, only a couple idiots would give a settlemsnt to someone they just beat in a lawsuit??? Could it be that Mobley DID have the dirt on this dynamic duo and they were worried an appeals court would have exsposed them, why else would the City give him money to go away.”
I checked it out.
On Monday, O’Fallon City Clerk Pam Clement e-mailed me the City Council’s unanimous vote in October ordering the city and its insurance company–Diamond State–to pay Criswell and Mobley a sum of $66,000 to split.
Mayor Donna Morrow said Criswell and Mobley were paid as part of an agreement to halt the appeals process and end the drawn-out legal battle.
Mobley declined comment. Criswell and their lawyers could not be reached Monday.
A federal judge dismissed the lawsuit in June, saying Criswell and Mobley failed to prove they were wrongfully terminated in May 2006. Each had sued the city alleging their First Amendment rights were violated.
Criswell was the director of community development. Mobley was the managing director of public works.
They said they were fired for calling attention to city dealings they said favored certain developers.
But the court found that while there was a clear dispute between the men and the city over escrow funds and builders, the two men failed to show they were fired over protected speech.
Criswell and Mobley dismissed their appeal in November.
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Morrow releases this as a threat to the council and a campaign issue. Understand that in the 66,000 settlement taxpayers paid the 50,000 deductible. It used to be 25000 but due the numerous lawsuits Morrow and ‘her gang’ got involved in insurance companies would only renew the citys policy at a 50000 deductible. Now Morrow if you want to make this campaign issue or give Frain an issue how about answering why our legal budget is 400000 a year (twice what is was before you), why did you hire ex-boyfriends to be city lawyers and why settle with mobley/criswell at 66000 but you settled with talbot at 250000…..was talbots firing more wrong than criswell and mobleys?
Interesting that The O’Fallon Observer has been requesting this info for months and couldn’t get it. As soon as Lowery is out of the picture the city makes it available. Now how much did the city pay Lowery’s friend? The same guy who paid the mayors health insurance. And how much did the city pay the police officers who were suspended, fired and rehired? You know the two guys who opened up the city for being sued by Lowery’s friend. Inquiring minds want to know.
Keeping score;
1. 2 cops Lowery fired because of claims they made against Lowery’s buddy get paid by the city and get their jobs back. Lowery’s buddy just happens to be the same guy who paid for Donna Morrow’s health insurance. I believe at least one of these cops was represented by Chet Pleban.
2. Lowery’s buddy sues the city and the city pays him a settlement.
3. Lowery fires Art Genasci, who sues alleging that he was fired for being a whistle blower, that Lowery wanted him to disobey the law and that Lowery showed favortism. Genasci is represented by Pleban and the city pays Genasci.
4. Moberly and Criswell sue the city with similar allegations as Genasci against Lowery and the city pays them.
5. Now Pleban switches sides and is representing Lowery claiming he is a whistle blower. Bob, having information on yourself does not count as a whistle blower.
The fun never stops in good ole O’Fallon.
Quick,quick,tell me,where can I move into O’Fallon?I want to be there so bad,I want to share in what seems a none stop barrel of fun at your Silly hall,how do you folks deal with these none stop laughs,don’t your sides get sore?Now if you want a real dog and pony show,you need to figure a way to merge with Florissant Mo.
Missouri Agent, the deductible is per person. The city would have pay the $50,000 deductible on each claim before the Insurance Company pays. Each received $33,000, the city paid $66,000 not $50,000.
Isn’t the conflict of interest between Lowery and Chet Pleban obvious? How can Pleban ethically represent a CITY ADMINISTRATOR for a city that he has sued on multiple occasions? I don’t see how this is ethicaly or morally acceptable. But then again O’Fallon city government knows little about morals or ethics. As a residence for close to 10 years (having lived through the Renaud years) I have come to realize that we need to elect city representatives that live as far away from Ofallon as possiable. I know that seems silly but Ofallon is so engrossed in the “good ol boy” metality that nothing will ever change. Why else are the blatent conflicts of interest attempted let alone allowed?